(a) Except as provided in subdivision (g), promptly after deposit with the court by the public entity, the court clerk shall cause a notice of deposit to be served on the judgment debtor. Service shall be made personally or by mail.
§ 708.770.Service of Notice of Deposit With Court
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 708.770 requires the court clerk to serve notice of the deposit on the debtor, gives the debtor ten days to file and serve a claim of exemption and notice of motion, sets a 30-day deadline for the exemption hearing, gives the creditor ten days to oppose, and provides an alternate district attorney notice route for certain state-agency support cases.
Full Text of § 708.770
(b) Within 10 days after service of the notice of deposit pursuant to subdivision (a), the judgment debtor who claims an exemption shall do both of the following:
(1) File with the court a claim of exemption and a notice of motion for an order determining the claim of exemption. The claim of exemption shall include all of the matters set forth in subdivision (b) of Section 703.520.
(2) Serve on the judgment creditor a copy of the notice of motion, a copy of the claim of exemption, and a notice of hearing on the motion. Service shall be made personally or by mail.
(c) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause.
(d) Within 10 days after the judgment creditor is served under subdivision (b), the judgment creditor who opposes the motion shall do both of the following:
(1) File with the court a notice of opposition to the claim of exemption. The notice of opposition to the claim of exemption shall be executed under oath and shall include all of the matters set forth in Section 703.560.
(2) Serve on the judgment debtor a copy of the notice of opposition to the claim of exemption. Service shall be made personally or by mail.
(f) The failure of the judgment debtor to make a claim of exemption under this section constitutes a waiver of the exemption.
(g) In lieu of service of the notice of deposit described herein, where a state agency has been served with an affidavit pursuant to subdivision (c) of Section 708.730 and has presented the claim of the judgment creditor to the Controller pursuant to subdivision (a) of Section 708.740, the state agency shall cause a notice of deposit to be sent to the judgment debtor instructing the judgment debtor to file any and all requests for relief with the district attorney who filed the affidavit, or the court clerk if the seizure arises under subdivision (e) of Section 708.740. Except in those cases arising under subdivision (e) of Section 708.740, the judgment debtor shall file the request for relief with the district attorney within 15 days after service of notice from the public agency, or the judgment debtor shall be deemed to have waived any claim he or she might otherwise have. If the matter cannot be resolved with the district attorney, the district attorney shall so advise the judgment debtor and the judgment debtor shall then be authorized to commence proceedings under this section or any other appropriate provision of law. The notice from the district attorney shall for any limitation have the same effect as a notice of deposit under subdivision (a). Service of any notice or request under this subdivision shall be made personally or by mail. Claims arising from the filing of an abstract or certified copy of a judgment, under subdivision (e) of Section 708.740 shall be governed by the procedure and limitations set forth in subdivisions (a) through (f).
Plain-English Summary
Once the public entity deposits money with the court under this article, the debtor needs a chance to protect any exempt portion before it goes to the creditor. Section 708.770 sets that process in motion: except in the state-agency support cases covered by subdivision (g), the court clerk promptly serves the debtor with notice of the deposit.
The debtor then has ten days to act: file a claim of exemption and notice of motion with the court, covering the matters § 703.520(b) requires, and serve the creditor with copies of the motion, the claim, and the hearing notice. The hearing itself has to happen within 30 days of filing, absent good cause for a continuance. If the creditor wants to fight the exemption, subdivision (d) gives the creditor ten days after being served to file a sworn notice of opposition meeting § 703.560's requirements and serve it on the debtor. Failing to claim the exemption at all waives it.
Subdivision (g) reroutes support cases handled through a state-agency affidavit under § 708.730(c): instead of the clerk's notice, the state agency notifies the debtor to seek relief from the district attorney within 15 days, and only if that does not resolve things does the debtor get to proceed under this section's ordinary procedure.
Frequently Asked Questions
How does the debtor learn that money has been deposited with the court under this article?
The court clerk serves the debtor with a notice of deposit, personally or by mail, except in the state-agency support cases covered by subdivision (g).
How much time does the debtor have to claim an exemption after that notice?
Ten days to file a claim of exemption and notice of motion with the court and serve them on the creditor.
How quickly must the exemption hearing be held?
Not later than 30 days from when the notice of motion was filed, unless the court continues it for good cause.
What if this is a support case pursued through a state agency filing?
The debtor is instead notified to seek relief from the district attorney within 15 days, and only proceeds under this section's regular procedure if that does not resolve the issue.
Amendment History
Amended by Stats. 1983, Ch. 1010, Sec. 3.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: notice of deposit judgment debtor californiaclaiming exemption public entity deposit